1385.2.
(a) A person who, on or before January 1, 2018, suffered a conviction, whether by trial or plea, of an enhancement under Section 12022.5 or 12022.53 is eligible for recall and resentencing.(1) A person who has completed their sentence, after trial or plea and following a judgment that includes a Section 12022.5 or 12022.53 enhancement, may file an application before the trial court that entered the judgment of conviction in their case to have the enhancement conviction or convictions recalled and vacated pursuant to this section.
(2) For persons currently serving a term for a judgment that includes an enhancement under Section 12022.5 or 12022.53, the Secretary of the Department of Corrections and Rehabilitation shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement under Section 12022.5 or 12022.53 and provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows:
(A) By March 1, 2024, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on a Section 12022.5 or 12022.53 enhancement. For purposes of this paragraph, all other enhancements shall be considered to have been served first.
(B) By July 1, 2024, for all other individuals.
(b) Upon receiving the information described in subdivision (a), the court shall review the judgment and verify that the current judgment includes a sentence enhancement under Section 12022.5 or 12022.53. If the court determines that the current judgment includes a Section 12022.5 or 12022.53 enhancement, the court shall appoint counsel for the defendant and recall the sentence of the defendant. The review and resentencing shall be completed as follows:
(1) By October 1, 2024, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement.
(2) By December 1, 2025, for all other individuals.
(c) The court may, in the interest of justice pursuant to Section 1385 and at the time of resentencing, strike or dismiss an enhancement that was imposed by Section 12022.5 or 12022.53.
(d) A person who is resentenced pursuant to subdivision (c) shall be given credit for time served and shall be subject to parole for one year following completion of their sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. The person shall be subject to parole supervision by the Department of Corrections and Rehabilitation pursuant to Section 3000.08 and the jurisdiction of the court in the county in which the parolee is released or resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody.
(e) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.
(f) This section does not diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(g) Resentencing pursuant to this section does not diminish or abrogate the finality of judgments in any case that does not come within the purview of this section.
(h) A resentencing hearing ordered under this section shall constitute a “postconviction release proceeding” under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy’s Law).
(i) (1) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the court to have their maximum term of commitment, as established by Section 1026.5, reconsidered in accordance with this section. Upon receiving a petition under this subdivision, the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the court shall proceed in accordance with this section. In order for the maximum term of commitment to be reduced, the person shall have met all of the criteria for a modification of sentence pursuant to this section, had the person been found guilty.
(2) If a petitioner’s maximum term of confinement is ordered reduced under this subdivision, the new term of confinement shall provide opportunity to meet requirements provided in subdivision (b) of Section 1026.5. If a petitioner’s new maximum term of confinement ordered under this section does not provide sufficient time to meet requirements provided in subdivision (b) of Section 1026.5, the new maximum term of confinement may be extended, not more than 240 days from the date the petition is granted, in order to meet requirements provided in subdivision (b) of Section 1026.5.
(j) Resentencing may be granted without a hearing upon stipulation by the parties. Resentencing shall not be denied, nor a stipulation rejected, without a hearing where the parties have an opportunity to address the basis for the intended denial or rejection. If a hearing is held, the defendant may appear remotely and the court may conduct the hearing through the use of remote technology, unless counsel requests their physical presence in court.